Conspiracy liability

Question 1

Conspiracy

Section and 3 elements and penalty

Answer 1

310(1)
* Conspires
* With any person
* To commit an offence

7 Years Imp
if penalty of that offence exceeds 7 years - otherwise same

Question 2

Conspires

Answer 2

two or more people forming an agreement to do an unlawful act, or to do a lawful act by unlawful means.

The actus reus of conspiracy is the actual agreement by two or more people to carry out the illegal conduct.

The offenders’ mental intent must be to commit the full offence.

The offence is complete on the agreement being made with the required intent.

A person withdrawing from the agreement is still guilty of conspiracy as are those people who become party to the agreement after it has been made.

Mulcahy v R
“A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.

R v Sanders
A conspiracy does not end with the making of the agreement. The conspiratorial agreement continues in operation and therefore in existence until it is ended by completion of its performance or abandonment.

Question 3

With any person

Answer 3

A person cannot conspire alone; there must be another conspirator for an offence to be committed.

R v White
Can still convict where you can prove that a suspect conspired with other parties (one or more people) whose identities are unknown.

Question 4

To Commit an Offence

Answer 4

may be described as any act or omission that is punishable on conviction under any enactment.